Aviva Investors Ground Rent Group GP Ltd & Anor v Shepherd Construction Ltd [2021] EWHC 1921 (TCC) (09 July 2021)

Aviva Investors Ground Rent Group GP Ltd & Anor v Shepherd Construction Ltd [2021] EWHC 1921 (TCC) (09 July 2021)

The assignment to Aviva was invalid as it did not comply with the notice and consent requirements of clause 7.1.1, and clause 7.2 did not permit assignment to a subsequent transferee. Therefore, the claimants had no contractual right to bring the claim, and the application to join Camstead as a claimant failed. The claim was struck out.

Citation
[2021] EWHC 1921 (TCC)
Parties
Claimant: Aviva Investors Ground Rent Group GP Limited; Claimant: Aviva Investors Ground Rent Holdco Limited; Defendant: Shepherd Construction Limited
Jurisdiction
England and Wales
Judgment Date
09 July 2021
Procedural Posture
Civil (technology and Construction Court) / Interlocutory Applications: Application to Join Party and Application to Strike Out Claim
Outcome
Claim struck out; application to join Camstead as claimant refused.
Legal Topics
Assignment of Contractual Rights, Interpretation of JCT Contract Clauses, Limitation of Actions, Joinder of Parties, Strike Out Applications, Tortious Claims in Construction Context
Construction Law Contract Law Civil Procedure Assignment of Contractual Rights Interpretation of JCT Contract Clauses Limitation of Actions Joinder of Parties Strike Out Applications +1 more

Case Brief

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Parties

Aviva Investors Ground Rent Group GP Limited

Claimant

Aviva Investors Ground Rent Holdco Limited

Claimant

Shepherd Construction Limited

Defendant

Procedural Posture

Civil (technology and Construction Court) / Interlocutory Applications: Application to Join Party and Application to Strike Out Claim

Legal Issues

  1. 1 Whether the assignment of contractual rights under the JCT contract was valid without notice or consent under clause 7.1.1
  2. 2 Whether clause 7.2 of the JCT contract permitted assignment to a subsequent transferee
  3. 3 Whether the claimants could bring claims in contract or tort against the defendant

Ratio Decidendi

The assignment to Aviva was invalid as it did not comply with the notice and consent requirements of clause 7.1.1, and clause 7.2 did not permit assignment to a subsequent transferee. Therefore, the claimants had no contractual right to bring the claim, and the application to join Camstead as a claimant failed. The claim was struck out.

Court Disposition

Claim struck out; application to join Camstead as claimant refused.

Orders

  • Defendant's application to strike out the claim is granted.
  • Claimants' application to join Camstead as a claimant is refused.